Kansas GOP Wants to Shield Doctors for Intentional Malpratice

The Kansas state Senate chamber

The Kansas state Senate chamber

Legislators in Kansas are considering a bill that would prohibit you from filing a lawsuit against a physician if he or she lies to you about the health of your unborn child.

“No civil action may be commenced in any court for a claim of wrongful life or wrongful birth, and no damages may be recovered in any civil action for any physical condition of a minor that existed at the time of such minor’s birth if the damages sought arise out of a claim that a person’s action or omission contributed to such minor’s mother not obtaining an abortion.”

Under Senate bill 142, if a doctor intentionally withheld that an expecting mother’s unborn child may have birth defects, or may not even survive birth, to dissuade her from obtaining an abortion, they would not be liable.

This is just as or more cruel to the unborn as it is the mothers, because withholding this kind of information could delay or prevent necessary prenatal treatments and additional financial planning. It could also sentence children with major birth defects to living a life of misery.

But who cares about children after they’re born, right?

I get the feeling that when science eventually cures chronic diseases and conditions with prenatal gene therapy, nutball conservatives will sue for the right to force their children to carry cancer, asthma, and an increased risk of heart disease. Because Jesus and Freedom.

This entry was posted in Abortion, Healthcare, War On Women and tagged . Bookmark the permalink.
  • Christopher Foxx

    Any doctor or medical practitioner of any stripe who would not provide full information to a patient should lose their license. The very idea of withholding medical information from a patient should be inconceivable to doctors. And if it isn’t to yours, you should find a different one.

    • bphoon

      None of that matters to the Kansas GOP any more than it matters to the GOP in general. Our illustrious state legislators, abetted by the governor and the Kansas Chamber of Commerce as well as various Koch Brothers-funded astroturf groups, are “governing” solely on the basis of their ideology. Science, facts…none of that matters here any more.

    • http://drangedinaz.wordpress.com/ IrishGrrrl

      I wholeheartedly agree. I even wrote to the AZ Medical Association and asked them how they think this jives with the Hippocratic oath (as in, it doesn’t) and what, if any, involvement did they have in this political discussion. They said they don’t comment on such things and never really answered whether they were aware of or involved in such a discussion. I just don’t understand. Why aren’t the Medical Associations, standing up and defending their profession–regardless of how their individual members feel about abortion–if a doctor can lie to a patient, the hippocratic oath is worthless and so is their profession.

      • bphoon

        Most of this legislation is coming straight out of the American Legislative Exchange Council. Sen. Susan Wagle (R-Wichita), Senate President, and Sen. Raymond Merrick (R-Overland Park) are listed as current members of ALEC’s Board of Directors. Sen. Wagle is past National Chairperson and Sen. Merrick is current Kansas Chairman of ALEC. Nearly all of the legislation of an economic or social nature that’s been introduced this session is ALEC boilerplate.

  • muselet

    The Kansas Senate Judiciary Committee thinks medical malpractice is a good thing, at least if committed against women. Fascinating.

    –alopecia

  • D_C_Wilson

    So let’s say that a doctor encounters a case like the one in Ireland where the fetus was already dead and/or dying. Instead of refusing to perform an abortion, though, he just lies to her and tells her the baby will be fine. She develop sepsis and dies. Under this law, the doctor would not be liable for malpractice even though it directly led to her death.

    • Christopher Foxx

      I’d certainly hope the “doctor” could be prosecuted for some criminal violation. Seeing a loaded gun someone wired to a door and choosing NOT to tell the person about to open the door that it’s there is attempting to actively murder them.

  • http://drangedinaz.wordpress.com/ IrishGrrrl

    I believe they actually passed this same bill in AZ or maybe it only made it through the Senate. I sure wish that once these stories come out, that the news orgs would follow up with what ultimately happens with such a bill. Our media, like all Americans, has a 5 min attention span. The AZ bill said if a doctor thinks the mother might abort if given the bad news that her child will have major birth defects they are allowed to lie about it AND the mother can’t sue them for it. I know it was proposed in OK and KS too, again, don’t know if it passed there.